JURITEXT000006963671 Généré par l'IA

Sale of Land Contract Void Due to Failure of Condition Precedent (Building Permit Refusal)

Numéro de cause JURITEXT000006963671

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-20

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract for the sale of land, signed under the condition that a building permit be obtained, was found to be void because the relevant administrative authority had formally refused the permit application prior to the finalization of the sale, as the contractual condition precedent for the transfer of ownership had demonstrably failed to materialize, leading the court to affirm that the mutual consent for the sale was predicated on the uncertain event of obtaining the authorization, which, upon its definitive refusal, extinguished the obligation of the parties.

Regeste Legislator

Généré par l'IA

Sale of Land Contract Void Due to Failure of Condition Precedent (Building Permit Refusal): A contract for the sale of land, signed under the condition that a building permit be obtained, was found to be void because the relevant administrative authority had formally refused the permit application prior to the finalization of the sale, as the contractual condition precedent for the transfer of ownership had demonstrably failed to materialize, leading the court to affirm that the mutual consent for the sale was predicated on the uncertain event of obtaining the authorization, which, upon its definitive refusal, extinguished the obligation of the parties.